Balyapalli Shashikanth Sharma v. The State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THURSDAY, THE TWENW SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENry TWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 9011 OF 2022 Between:

Balyapalli Shashikanth Sharma, S/o. Raghu Chandar, Aged about 43 years, Hindu, Occ. Purohit and Yoga lnstructor, N/o. 3-62, New Damarajdpalle, Karimnagar, Karimnagar Diskict, Telangana State. Now presently residing at Plot No.30 and 31, PVR Colony, Road No.S, Saheb Nagar, Vana-sthalipuram, Ranga Reddy District, Telangana State.

...Petitioner/Accused No.2

AND T.he State of Telangana, represented by its Public Prosecutor, High Court, at Hyderabad, Through Station House Officer, Saroornagar Police Station, Rachakonda Commissionerate, Saroornagar, Ranga Reddy District, Telangana State.

... Respo n denUGom pla ina nt Petition under Section 438 of Cr. P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant anticipatory bail to the Petitioner/Accused-2 in event of arrest in Crime No. 664 of 2022, dated 03-08-2022 on the file of Saroornagar police Station, Rachakonda Commissionerate, Ranga Reddy District, Telangana State, pending trial.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri RAJANIKANTH JWALA, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent.

The Court made the following: ORDER

crl.Petition No.9011 0f 2022 THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETTTIO N No.90 110F 2022

ORDER

This Criminal Petition is filed under Section 439 of the Code of Criminal Procedure, 1973 seeking pre-arrest bail to the petitioner who is arrayed as Accused No.2 in the event of his arrest in Crime No.664 of 2022 on the file of Station House Officer, Saroornagar Police station, Rachakonda registered for the offences punishable under Section 370(AX2) of Indian penal Code and Sections 3, 4 and 5 of PIT Act read with Section 34 of IpC.

2.

Heard the learned counsel for the petitioner/Accused No.2 and learned Assistant Public prosecutor for the respondent_State. Perused the record.

3. In the present crime, the police concluded the investigation I t and filed charge sheet against Accused Nos.l, 3 and 4 and the present petitioner is Accused No.2. According to the charge sheet I I filed against the other accused, this petitioner was shown as absconding and was not available during the course of investigation.

Crl.Petition No.9011 of 2022 4.

Learned counsel for the petitioner submits that the petitioner undertakes to appear before the concerned Station House Offlcer on 31.10.2022 to assist the investigation 5.

Keeping in view the offences alleged against this petitioner being punishable less than seven years, the respondent-Police are directed to carry out the investigation by following the procedure as contemplated under Section 41-A Cr.P.C and the guidelines formulated by the Hon'ble Supreme Court in case of Arnesh Kumar w State of Biha/scrupulously. In view of the undertaking given by the learned counsel for the petitioner, the petitioner shall appear before the concerned Station House Officer on 31.10.2022, failing which the order shall stand cancelled.

6.

Accordingly, the Criminal Petition is disposed off. Miscellaneous applications pending, if any, shall stand cloSed. _-lI I SD/-N.CHANDRA SEK!iAR ASSTSTANT REG|S/RAR r-a SECTION OFFICER (20,t11I scc 273 //TRUE COPY// \ To,

1. The V Additional Junior Civil Judge-cum-V Additional Metropolltan Magistrate, at L.B. Nagar, Ranga Reddy Diskict.

2. The Station House Officer, Police Station Saroornagar Police Station, Rachakonda Commissionerate, Saroornagar, Ranga Reddy Diskict.

3. Two CCs to the Assistant Public Prosecutor, High Court for the State of Telangana, at Hyderabad [OUT]

4. One CC to SRl. RAJANIKANTH JWALA, Advocate [OPUCI

5. Two CD Copies

6. One Spare Copy MMK .u .DL

HIGH COURT DATED:2711O12022

ORDER

CRLP.No.9O'|'t of 2022 ?

/a\ \-2-) DISPOSING OF THE CRIMINAL PETITION )r7 \to\""